Domain Manage

chastityuk.co.uk DRS

Discussion in 'Domain Name Disputes' started by Whois-Search, Nov 25, 2006.

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  1. Whois-Search United Kingdom

    Whois-Search Well-Known Member

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    Some new DRS cases out to read.

    Have you seen this one:

    chastityuk.co.uk http://www.nic.uk/digitalAssets/10069_chastityuk.pdf

    With things like this in the DRS:

    LOL what ever next will be used in a DRS complaint?
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. rob

    rob Founding Member

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    An interesting decision again !
     
  4. grandin United Kingdom

    grandin Well-Known Member

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    who has rights

    gordon benett not another one!!!!
    ]
    'Deciding whether the Complainant has Rights in this case is difficult.'

    'Whether or not there is copyright infringement is irrelevant. What is relevant is that the Respondent has chosen to use identical text.'

    If the name is generic and the text has a generic right of use (because the expert could not show who copied who or whether they both copied a third party) then no abuse has occured

    Based on the evidence the name is generic and the text is generic

    Lee
     
  5. Whois-Search United Kingdom

    Whois-Search Well-Known Member

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    fine-cheeses.co.uk is available

    How can you register it then without losing it in a DRS? I don't have a cheese company. However if I put cheese adverts on it I would lose it?

    Is it generic or do they only look at the dash? Or even my post here would cause me to lose it?
     
  6. sneezycheese

    sneezycheese Active Member

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    Negligence ...

    ...Isn't Nominet now clearly being negligent in the fact that they are allowing this domain to be available to all to register? - Especially as the 'expert' in the finecheeses.co.uk DRS ruled that the term "fine cheeses" has obtained "secondary meaning"! - Case clossed: No one else should be able to register a .uk domain with the term 'fine cheeses' because it has gained the in the eyes of the Nominet DRS 'secondary meaning' - i.e. The Fine Cheese Company now have exclusive use of the term in the .uk namespace as deemed by the Nominet Contract!? - Where is Nominet's 'Duty Of Care'??? :???:
     
    Last edited: Nov 26, 2006
  7. Crusader-K

    Crusader-K Member

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    fine-cheeseS.co.uk is available. Do not register it ! The Nominet Expert has deemed that the term finecheeseS has a "secondary meaning".

    In the Nominet DRS case The Fine Cheese Company Limited v. Lawsons Cheeses , Nominet Expert David Flint decreed that "...the Expert considers that the domain name (finecheeseS.co.uk) has acquired a secondary meaning due to the activities of the Complainant (The Fine Cheese Company Limited).....Accordingly the Expert finds the domain name is an Abusive Registration........."

    Because "finecheeseS" has acquired this secondary meaning by the usage of The Fine Cheese Company Limited in Somerset, presumably if the completely different company Fine CheeseS Limited Company in Yorkshire registration number 04912190 with website finecheeseSlimited.com were to register fine-cheeseS.co.uk (with a hyphen) would this mean that a DRS Expert would order them too to hand it over to The Fine Cheese Company Limited?

    Interestingly, if Fine CheeseS Limited were to take out a new DRS on the recently transferred finecheeseS.co.uk what would the outcome be?

    This is Nominet's acclaimed DRS service at its finest ?

    Any lawyers about ?

    .
     
    Last edited: Nov 27, 2006
  8. Hazel Pegg

    Hazel Pegg Active Member

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    I am sooooooo tempted to register the name and put up a page of piccies of what I think are fine cheeses ....
     
  9. olebean

    olebean Well-Known Member

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    the football fan coming out of you again ;) or the anarchist?
     
  10. Hazel Pegg

    Hazel Pegg Active Member

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    The anarchist :)

    But it could be an interesting case ......

    Hazel
     
  11. olebean

    olebean Well-Known Member

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    Regged under the name "DRS anarchists"
     
  12. Hazel Pegg

    Hazel Pegg Active Member

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    Go for it. I'll observe with interest.

    Hazel
     
  13. olebean

    olebean Well-Known Member

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    Oh Hazel

    You know I am too squeaky clean to do anything like that! After all, you did suggest you were tempted! :twisted:


    OB
     
  14. rob

    rob Founding Member

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    Do it - I am sure there are enough of us about here to plug links to boost it high in SERPS :)

    Then a case may occur...! :)
     
  15. olebean

    olebean Well-Known Member

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    I agree hazel the anarchist should
     
  16. grandin United Kingdom

    grandin Well-Known Member

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    ah..now we arrrrre getting somewhere

    you are now all getting somewhere....

    It is wrong in anyones books to knowingly sell (on the balance of probability) products that are unlawful.

    Nominet allowed 3 millions words to accumulate under the DRS without TRYING to makes it more users friendly. It is a big effort to ensure that they do not sell products that are unlwaful BUT not impossible..but I ask....on the balance of probability have Nominet igmored the complicated issue over rights in the hope that the courts would decide these issues?

    Lee
     
  17. Hazel Pegg

    Hazel Pegg Active Member

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    there is a registrant with a taste for cheese

    Domain name:
    fine-cheeses.co.uk

    Registrant:
    Kevin Reed

    Registrant type:
    UK Individual
     
  18. olebean

    olebean Well-Known Member

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    :confused: I thought your name was hazel??
     
  19. olebean

    olebean Well-Known Member

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    its parked at namedrive already :cool:
     
  20. Hazel Pegg

    Hazel Pegg Active Member

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    I seriously thought about it 'cos I am a bit of an anarchist and I am prepared for an argument when I think that I have right on my side. But had I registered this domain I would have been hard pushed to explain my reasons beyond wanting to test the system.

    And 'cos I'm currently a member of the PAB (and may still be when the current DRS Review comes back to the PAB table) I am not going to register possibly controversial domain names on a Sunday evening whim.

    But I will watch this domain with interest. At the moment it appears to be a well-targetted PPC - which is kinda impressive considering that before I popped downstairs to watch the news it was still available to all and sundry.

    Hazel
     
  21. sneezycheese

    sneezycheese Active Member

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    ...May I suggest whoever reged the .co.uk reg the .com as well. ;)
     
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